The province vowed Tuesday to restrict expanded shipments of diluted bitumen from Alberta’s oilsands until the province is satisfied spills can be successfully cleaned up, which puts a potential barrier in front of Kinder Morgan’s $7.4 billion Trans Mountain Expansion project.

That restriction was included in a set of proposed spill response regulations unveiled Tuesday by the Ministry of Environment to be put out for consultation. They include requirements for spill response times, geographic response plans and restitution to local communities.

It was immediately welcomed by pipeline opponents as “a wake up call to Kinder Morgan,” in the words of Jessica Clogg, executive director of West Coast Environmental Law. Alberta NDP Premier Rachel Notley, however, decried the regulations as illegal and unconstitutional measures levelled against an already approved project.

Environment Minister George Heyman said “this is about the product,” referring to diluted bitumen, and the potential harm from a spill either inland or off the coast and the ability to clean up a spill.

“We say we don’t have enough information and we need more,” Heyman said, “and until we have more, we’re going to restrict any increase in its transportation.”

“We know the regulation of vessels is federal jurisdiction, but the impact of a spill on the coastline, that’s B.C.’s jurisdiction,” Heyman said, and the province is reserving its right to ensure the environmental damage from any spill can be fully mitigated.

Heyman said the province will set up an independent scientific advisory panel to make recommendations to his ministry that respond to uncertainties around bitumen clean up outlined in a 2014 report from the Royal Society of Canada.

While the measure doesn’t refer specifically to the Trans Mountain expansion, the regulations form a next step in the government’s promised challenge to the project, which the NDP has declared isn’t in the interest of British Columbians.

Heyman said his ministry, on Monday, informed Trans Mountain’s proponent Kinder Morgan about the pending announcement.

On Tuesday, a Kinder Morgan spokesman responded that the company “is aware of the government’s announcement (Tuesday) and will actively participate in their engagement and feedback process.”

The company’s statement said B.C.’s previous government already granted the project an environmental certificate that “confirmed Trans Mountain had met B.C.’s conditions,” including conditions for establishing “world-leading practices” for spill response.

Other project supporters were more vocal in their criticism of Heyman’s move Tuesday.

“This is simply a stall tactic meant to flout the federal government’s jurisdiction,” said Chris Gardner, CEO of the Independent Contractors and Business Association of B.C. “It’s time for Prime Minister (Justin) Trudeau to act,” and overturn the measure.

Business Council of B.C. CEO Greg D’Avignon questioned whether B.C. has jurisdiction to limit shipments of “a federally regulated product through a federally approved piece of infrastructure,” which adds uncertainty that damages the province’s reputation as a place to do business.

The Canadian Energy Pipeline Association called the provincial announcement “another transparent attempt to frustrate a major energy infrastructure project,” in a statement distributed by Carla Beynon, the organization’s senior media relations adviser.

B.C. does have the jurisdiction, under its long-standing Environmental Management Act, to regulate substances that can potentially harm the environment, Clogg argued.

“A lot of stuff has been pushed down the field (in conditions to the project’s approval),” Clogg said. “And the province has now said, ‘listen, we’re going to put some teeth into this in order to look after the health and safety of British Columbians and the environment.’

“This is part of a package of broader measures (by B.C.) anticipated to assure us that we’re not approving things that can’t be cleaned up,” Clogg said.

“The B.C. regulations could mean, even if (Kinder Morgan) can get the project constructed, they may never be able to turn the taps on.”

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